Missouri Lawyers Media Missouri legal news and public notices

Where a subdivision developer sought a declaratory judgment against a county for release of bonds following a dispute with subcontractors over the construction of concrete streets that failed prematurely, the trial court properly released the remaining funds in the bond ...

Tagged with: Attorney's fees contracts

Post-conviction relief SC89245 Gary Roberts, Appellant, v. State of Missouri, Respondent Appeal From: St. Francois County Circuit Court, Judge Kenneth Wayne Pratte Handdown Date: 2/10/2009 Opinion Author: Judge Mary R. Russell Opinion Vote: Judges Stith, Teitelman, Wolff, Breckenridge and Fischer, ...

Tagged with: Post-Conviction Relief

Where a defendant’s attorney did not object when the state at a plea hearing added a caveat to the defendant’s plea agreement, the defendant was entitled to an evidentiary hearing on his allegations of ineffective assistance of counsel because he ...

Tagged with: Criminal Law Guilty Plea Post-Conviction Relief

Sentencing; prior offender  SC89501 State of Missouri, Respondent, v. Michael Teer, Appellant Appeal From: St. Charles County Circuit Court, Judge William T. Lohmar Handdown Date: 1/27/2009 Opinion Author: Judge Richard B. Teitelman Opinion Vote: Judges Stith and Wolff concur; ...

Tagged with: prior offender sentencing

Discipline; suspension  SC89623 In Re: Brian Zink, Respondent Disciplinary proceeding Handdown Date: 1/27/2009 Opinion Author: Judge Zel Fischer Opinion Vote: Court en banc concurs  The Office of Disciplinary Counsel (“OCDC”), the disciplinary hearing panel, Brian E. Zink, and ...

Tagged with: Discipline

Retirement fund; eligibility  SC89370 Gilbert L. Alderson, et al., Appellants, v. State of Missouri, et al., Defendants, County Employees’ Retirement Fund, et al., Respondents Appeal From: Cole County Circuit Court, Judge Richard G. Callahan Handdown Date: 1/13/2009 Opinion Author: ...

Tagged with: eligibility

Wrongful death action; nursing home defendant  SC89291 Dale Lawrence, Respondent, v. Beverly Manor, Appellant Appeal From: Jackson County Circuit Court, Judge Jon R. Gray Handdown Date: 1/13/2009 Opinion Author: Judge Michael A. Wolff Opinion Vote: Judges Stith, Price, Teitelman, ...

Tagged with: Personal Injury & Torts Law wrongful death

(1)Where a city sought judicial review of a boundary commission’s denial of an annexation proposal and the parties disputed whether the commission’s action should be reviewed as a contested or noncontested case, the proceeding was properly classified as noncontested because ...

Tagged with: annexation judicial review Real Property Real Property Law

  Where a hospital appealed a determination that nurses were eligible for unemployment benefits while they were on strike, a Missouri statute providing unemployment benefits to employees who strike when the employer has committed an unfair labor practice is not ...

Tagged with: Labor Unemployment Benefits Unfair Labor Practices

(1)Where a male waiter who alleged sexual harassment by a male restaurant manager brought discrimination claims against his employer and won a $60,000 jury verdict on a constructive discharge claim as well as a verdict declaring the employer liable for ...

Tagged with: MHRA Punitive Damages sexual harassment